Okuma America Corp. v. Bowers

WYNN, Judge.

When considering the enforceability of a covenant not to compete, a court examines the reasonableness of its time and geographic restrictions, balancing the substantial right of the employee to work with that of the employer to protect its legitimate business interests. 1 Here, Plaintiff Okuma America Corporation appeals the trial court’s grant of Defendant Phillip Bowers’s Rule 12(b)(6) motion, finding that the covenant in question was “overly broad and unenforceable as a matter of law.” Because we find that the covenant’s enforceability in this case rests on questions of fact…